CCPR/C/JPN/CO/6
(d)
In light of the Committee’s previous concluding observations (see
CCPR/C/JPN/CO/5, para. 17), establish a mandatory and effective system of review in
capital cases, with requests for retrial or pardon having a suspensive effect, and
guaranteeing the strict confidentiality of all meetings between death row inmates and
their lawyers concerning requests for retrial;
(e)
Establish an independent mechanism to review the mental health of
death row inmates;
(f)
Consider acceding to the Second Optional Protocol to the Covenant,
aiming at the abolition of the death penalty.
Sexual slavery practices against “comfort women”
14.
The Committee is concerned by the State party’s contradictory position that the
“comfort women” were not “forcibly deported” by Japanese military during wartime but
that the “recruitment, transportation and management” of women in comfort stations was
done in many cases against their will, through coercion and intimidation by the military or
entities acting on behalf of the military. The Committee considers that any such acts carried
out against the will of the victims are sufficient to consider them as human rights violations
involving the direct legal responsibility of the State party. The Committee is also concerned
about revictimization of the former “comfort women” by attacks on their reputations,
including by public officials, and some that are encouraged by the State party’s equivocal
position. The Committee takes into account information that all claims for reparation
brought by victims before Japanese courts have been dismissed, and all complaints to seek
criminal investigation and prosecution against perpetrators have been rejected on the
ground of the statute of limitations. The Committee considers that this situation reflects
ongoing violations of the victims’ human rights, as well as a lack of effective remedies
available to them as victims of past human rights violations (arts. 2, 7 and 8).
The State party should take immediate and effective legislative and administrative
measures to ensure:
(a)
That all allegations of sexual slavery or other human rights violations
perpetrated by the Japanese military during wartime against the “comfort women”
are effectively, independently and impartially investigated and that perpetrators are
prosecuted and, if found guilty, punished;
(b)
Access to justice and full reparation to victims and their families;
(c)
The disclosure of all available evidence;
(d)
Education of students and the general public about the issue, including
adequate references in textbooks;
(e)
The expression of a public apology and official recognition of the
responsibility of the State party;
(f)
Condemnation of any attempts to defame victims or to deny the events.
Trafficking in persons
15.
While appreciating the efforts made by the State party to address trafficking in
persons, the Committee remains concerned about the persistence of the phenomenon, as
well as about the low number of prison sentences imposed on perpetrators, the fact that no
perpetrators of forced labour have been brought to justice, the decline in victim
identification and the insufficient support granted to victims (art. 8).
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